El control constitucional de las omisiones legislativas en el Ecuador

Abstract

In Ecuador, 2008, with the Constitution's promulgation, there is not only a constitutional control recognized in a positive sense (action). On the contrary, it has a new approach incorporated that mentions the constitutional authority of normative omissions, whose insertion is innovative in our legislation with legal significance and great social interest. However, it is essential to say that is has few studies in the Ecuadorian field regarding its regime. Therefore, the present investigation aims to analyze the legal2 nature of the constitutional control of legislative omissions in Ecuador. So, the qualitative method uses the traditional and doctrinal framework of this institution. In conclusion, I can remark that the constitutional control of legislative omissions is a legitimate mechanism of direct defense of the Constitution, which has certain assumptions for its identification. Its effects will depend on if it is facing an absolute or partial legislative omission. However, this figure categorizes in the investigation of the abstract control of constitutionality, and it keeps its peculiarities concerning the last one